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Egerton v. Jones Eng. Rep. 1051 (1815-1865)

handle is hein.slavery/ssactsengr0841 and id is 1 raw text is: 3 SiM. 409.                    EGERTON V. JONES                             1051
simple, as tenants in common, in the said moiety of the said estate or plantation
called Islington and Cove's Pen and its appurtenances, and the negroes thereon, and
absolute interests, as tenants in common, in the horned stock, mules, sheep and other
cattle, and the machinery, implements and effects belonging to the said estate, but
not affixed to the freehold.
[409]  EGERTON V. JONES. March 16, 18, 1830.
[S. C. 3 Sim. 392; 1 Russ. & My. 694; 39 E. R. 266.]
Will. Remoteness.
An estate at C. was settled on A. for life, remainder to his first and other sons in tail
male, remainder to A. in fee. A. devised as follows: As to the reversion and
inheritance of the freehold estate at C., purchased by me in pursuance of my
marriage articles, bearing  date, &e., in case of failure of issue of my body by my
said wife, I give and devise the same, &c. He then limited the estate to his
brothers in succession, and to their respective first and other sons in tail male.
The Court was of opinion that the devise was good.
In pursuance of the articles of agreement entered into previous to the marriage of
Peter Cock and Letitia Cock, on the 24th of May 1720, an estate at Camberwell was,
by indentures of lease and release of the 7th and 8th of June 1728, conveyed to
Thomas Trevor and John Trevor in fee, to the use of Peter Cock for life, with
remainder to the use of trustees foi the life of Peter Cock, to preserve, &c. ; with
remainder to the use of Letitia Cock, the wife of Peter Cock, for life; with remainder
to the use of F. C. Masham and John Coupmaker, for 500 years, to raise portions for
younger children; with remainder to the use of the first and other sons of Peter
Cock and Letitia his wife, successively, in tail male; with remainder to the use of
Masham and Coupmaker, for 600 years, upon certain trusts, in the event of there
being no male issue of Peter Cock and Letitia his wife who should live to attain the
age of 21 years: with remainder to the use of Peter Cock, his heirs and assigns.
Peter Cock, by his will dated the 22d of January 1735, devised as follows: And
as to the reversion and inheritance of the freehold estate, by me already purchased at
Camberwell aforesaid, ard such other estate and estates as I shall hereafter purchase,
in pursuance of my marriage articles,!bearing date the 24th day of May, in the year of
our Lord 1720, in case of failure of issue of my body by my said wife, I give and dispose
thereof in manner following; that is to say, I give and devise the same to my brother,
Theodore Cock, for his [410] life, and from and after the determination of that estate,
to the Rev. Edward Staunton, and John Hooke, gent., and their heirs, during the life
of my said brother, in trust to preserve the contingent uses hereinafter limited from
being defeated; and, from and after the decease of my said brother, Theodore Cock,
to the first son of his body, lawfully to be begotten, and the heirs male of the body
of such first son, lawfully issuing, and, for want of such issue to the second, third,
fourth and all and every son and sons of the body of my said brother, Theodore
Cock, lawfully to be begotten, severally and successively, and in remainder, one after
another, as they, and every of them, shall be in seniority, and to the respective heirs
male of the body and bodies of every such son and sons lawfully issuing, the elder of
such sons and the heirs male of his body being always to be preferred, and to take
before the younger of them, and the heirs male of his or their body or bodies; and,
for want of such issue, then to my brother, Walter Cock, for his life; and, from and
after the determination of that estate, to the use of the said Edward Staunton and
John Hooke, and their heirs, during the life of my said brother, Walter Cock, in
trust to preserve the contingent uses hereinafter limited from being defeated, and,
from and after his decease, to the first son of his body, lawfully to be begotten, and
the heirs male of the body of such first son lawfully issuing; and, for want of such
issue, then to the second, third, fourth and all and every son and sons of the body of
my said brother, Walter Cock, lawfully to be begotten, severally, successively and in

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